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Legal


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No requirement for policyholder to sue insured, potentially liable third parties before resorting to uninsured coverage

January 29, 2010 by Canadian Underwriter

An insurance company has been found liable to pay a policyholder injured in an auto collision under the uninsured provisions of the policy, even though the policyholder failed to sue potentially negligent and/or liable insured third parties. The Supreme Court

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Ban on hand-held devices while driving fails to reduce risk of crash: HLDI

January 29, 2010 by Canadian Underwriter

Bans on hand-held devices while driving fail to reduce crashes, a new Highway Loss Data Institute (HLDI) study found.The HLDI is an affiliate of the Insurance Institute for Highway Safety (IIHS). It calculated monthly collision claims per 100 insured vehicle

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Cell phone ban while driving exposes employers to vicarious liability

January 26, 2010 by Canadian Underwriter

Employers might be held vicariously liable if they permit employees to use hand-held devices while driving, warns Zurich North America.This could include operating a company-owned cell phone or mobile device while driving.As the banning of such devices grows more common

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Ontario court considers whether a judge or jury should hear cases involving multi-accident scenarios

January 22, 2010 by Canadian Underwriter

Is a jury capable of assessing damages in cases involving multi-accident scenarios, overlapping injuries and complicated medical evidence? The Ontario Superior Court was asked to consider the question in Hossny v. Belair Insurance, a complicated case in which an insured

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Extended warranty is not “insurance:” Alberta court

January 21, 2010 by Canadian Underwriter

An extended warranty is not an insurance contract, the Court of Queen’s Bench of Alberta has decided.“In my view, the distinction between a warranty and insurance is that a warranty covers the risk that the covered product will fail due

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Gen Re pays $12.2 million to settle SEC charges related to 2000-02 finite reinsurance deals

January 20, 2010 by Canadian Underwriter

General Re Corporation has agreed to pay $12.2 million to settle charges by the Securities Exchange Commission (SEC) related to separate schemes by American International Group (AIG) and Prudential Financial, Inc. to manipulate and falsify reported financial results in 2000-02.According

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Ontario auto reforms need to clarify an ‘incurred cost’: defence lawyer

January 15, 2010 by Canadian Underwriter

There is a need to provide a clear definition for the word “incurred” under Ontario’s Statutory Accident Benefits Scheme (SABS), said Philippa Samworth, a partner at Dutton Brock LLP.Typically, “incurred” is interpreted to mean that a person has paid for

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Proposed changes to Ontario medical and rehab benefits potentially “problematic” for brokers

January 15, 2010 by Canadian Underwriter

The proposal to decrease Ontario’s medical and rehab benefit from $100,000 to $50,000, including an option to purchase higher limits, will place a huge onus on brokers and expose them to an increased risk of litigation, said Philippa Samworth, a

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Third time not a charm when disclosing limitation periods in Alberta: Insurance industry

January 11, 2010 by Canadian Underwriter

Insurers generally agree with the Alberta insurance regulator that disclosure of limitation periods to litigate a claim should be “transparent” and “fair,” but a general industry consensus has evolved that requiring an insurance company to notify a claimant about the

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Part XIII amendments not likely to change the amount of “unlicensed” insurance in Ontario: RIBO

January 7, 2010 by Canadian Underwriter

Contrary to its initial expectations, Registered Insurance Brokers of Ontario (RIBO), the self-regulating body of Ontario’s insurance brokers, says the Part XIII amendments to the federal Insurance Companies Act (ICA) will not likely change the amount of “unlicensed” insurance written

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Ontario’s new Rules of Civil Procedure apply to motions filed before Jan. 1, 2010

January 6, 2010 by Canadian Underwriter

A motion for summary judgement filed in 2009, but that will not be heard until 2010, is subject to the new Rules of Civil Procedure that came into effect as of Jan. 1, 2010, Ontario’s Superior Court of Justice has

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New Brunswick mulls a ban on hand-held cell phones while driving

January 5, 2010 by Canadian Underwriter

New Brunswick, one of only two provinces (in addition to Alberta) to allow the use of handheld devices while driving, is considering a ban on such use, cbc.ca reports.New Brunswick Public Safety Minister John Foran told cbc.ca that while the